By: Barrientos S.C.R. No. 90
SENATE CONCURRENT RESOLUTION
1-1 WHEREAS, American Health Advisors, Inc., alleges that:
1-2 (1) The University of Texas System, on or about August 13,
1-3 1990, entered into a Confidential Disclosure Agreement with
1-4 American Health Advisors, Inc. to prevent unauthorized
1-5 dissemination or use of its knowledge and information made
1-6 available to components of the University of Texas System,
1-7 including the University of Texas Health Science Center at Tyler,
1-8 the University of Texas Medical Branch at Galveston, and the
1-9 University of Texas M.D. Anderson Cancer Center.
1-10 (2) The University of Texas Medical Branch at Galveston, on
1-11 or about August 22, 1990, entered into a Confidential Disclosure
1-12 Agreement with American Health Advisors, Inc.
1-13 (3) The University of Texas Health Science Center at Tyler,
1-14 on or about October 18, 1990, entered into a Confidential
1-15 Disclosure Agreement with American Health Advisors, Inc.
1-16 (4) The University of Texas M.D. Anderson Cancer Center, on
1-17 or about November 25-26, 1990, entered into a Confidential
1-18 Disclosure Agreement with American Health Advisors, Inc.
1-19 (5) On or about September 11, 1990, the University of Texas
1-20 Medical Branch at Galveston signed and accepted an engagement
1-21 contract with American Health Advisors, Inc. by which American
1-22 Health Advisors agreed, in return for compensation described in
1-23 contractual agreements to perform services in the submission of an
2-1 eligibility application according to an "Approach and Workplan," in
2-2 order to maximize UTMB's receipt of certain federal funds. Similar
2-3 engagement contracts were accepted and signed by the University of
2-4 Texas Health Science Center at Tyler on October 24, 1990, and the
2-5 University of Texas M.D. Anderson Cancer Center on November 28,
2-6 1990.
2-7 (6) American Health Advisors, Inc. performed all of its
2-8 obligations under the Confidentiality Agreements and letter of
2-9 engagement contracts described above.
2-10 (7) The University of Texas System, the University of Texas
2-11 Health Science Center at Tyler, the University of Texas Medical
2-12 Branch at Galveston, and the University of Texas M.D. Anderson
2-13 Cancer Center have profited from consulting services, proprietary
2-14 information and work product which they willingly received from
2-15 American Health Advisors Inc. pursuant to the Confidentiality
2-16 Agreement and letter of engagement contracts described above but
2-17 each of these components of the University of Texas System have
2-18 refused to honor their obligations under those agreements and
2-19 contracts, and indeed have breached and repudiated those contracts.
2-20 (8) American Health Advisors, Inc. is entitled to
2-21 compensation for the financial damage suffered as a result of
2-22 default by the University of Texas System, the University of Texas
2-23 Health Science Center at Tyler, the University of Texas Medical
2-24 Branch at Galveston, and the University of Texas M.D. Anderson
2-25 Cancer Center under the above described Confidentiality Agreement
3-1 and letter of engagement contracts; now, therefore be it
3-2 RESOLVED, by the Legislature of the State of Texas, That
3-3 American Health Advisors, Inc. is granted permission to sue the
3-4 State of Texas, and the University of Texas System, the University
3-5 of Texas Health Science Center at Tyler, the University of Texas
3-6 Medical Branch at Galveston, the University of Texas M.D. Anderson
3-7 Cancer Center and those acting on behalf of such components of the
3-8 University of Texas System as agents and employees thereof, subject
3-9 to Chapter 107, Civil Practice and Remedies Code; and be it further
3-10 RESOLVED, That the Chancellor of the University of Texas
3-11 System be served process as provided by Section 107.002(a)(3),
3-12 Civil Practice and Remedies Code.